Vijay Kumar Patil vs The State Of Madhya Pradesh
2024 Latest Caselaw 15688 MP

Madhya Pradesh High Court

Vijay Kumar Patil vs The State Of Madhya Pradesh on 27 May, 2024

Author: Vishal Mishra

Bench: Vishal Mishra

                                                               1
                           IN      THE       HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                       BEFORE
                                         HON'BLE SHRI JUSTICE VISHAL MISHRA
                                                   ON THE 27 th OF MAY, 2024
                                               WRIT PETITION No. 10599 of 2024

                          BETWEEN:-
                          VIJAY KUMAR PATIL S/O LATE SHRI B.S. PATIL, AGED
                          ABOUT        55      YEARS, OCCUPATION:   RETIRED
                          GOVERNMENT EMPLOYEE DATE OF RETIREMENT 31-
                          12-2024, R/O. C-6, AVANTI VIHAR RAMPUR, JABALPUR
                          (MADHYA PRADESH)

                                                                                               .....PETITIONER
                          (BY SHRI AKASH CHOUDHARY - ADVOCATE)

                          AND
                          1.     THE STATE OF MADHYA PRADESH, THROUGH ITS
                                 PRINCIPAL SECRETARY MINISTRY OF WATER
                                 RESOURCES MANTRALAYA, VALLABH BHAWAN,
                                 BHOPAL (MADHYA PRADESH)

                          2.     THE ENGINEER IN CHIEF, WATER RESOURCES
                                 DEPARTMENT, TULSI NAGAR, BHOPAL (MADHYA
                                 PRADESH)

                          3.     THE CHIEF ENGINEER      (BODHI), WATER
                                 RESOURCES   DEPARTMENT SWARA BHAWAN,
                                 BHOPAL (MADHYA PRADESH)

                                                                                          .....RESPONDENTS
                          (BY SHRI ANUBHAV JAIN - GOVERNMENT ADVOCATE)

                                 This petition coming on for admission this day, th e court passed the
                          following:
                                                                ORDER

This petition has been filed seeking the following reliefs :

"(i) To issue writ in the nature of mandamus directing the respondent/authorities to grant the annual increment to the petitioner in the light of the decision rendered in the case of Hon'ble Madras

High court as well as the Hon'ble Apex Court in the case of The Director (Admn And HR) KPTCL & Ors. V. C.P. Mundinamani & Ors -

Civil Appeal No.2471/2023, along with arreats and interest and revise the pension in terms of the same from the due date.

(ii) Any other suitable relief deems fit, in the facts and circumstances of the case may also kindly be granted together with the cost of the present case."

2. It is the case of the petitioner that he was compulsorily retired from the post of Assistant Geophysicist on 31.12.2014. The petitioner is aggrieved by the fact that increment which was to be granted on 1st of January was denied to him on the ground that he retired on 31.12.2014 and was not in service on 01.01.2015.

3. Learned counsels for the parties submit that the question of law that arises

for consideration in this petition is covered by the judgment of the Hon'ble Supreme Court in SLP (C) No. 8219 of 2020 (Madhya Pradesh Power Transmission Company Limited and another vs. S.R. Ramchandran and others) dated 11.07.2023. Hence, they plead that this petition be also disposed off on the same terms.

4. In view of the submission made, the petition is disposed off in terms of the aforesaid judgment of the Hon'ble Supreme Court.

(VISHAL MISHRA) JUDGE LR